Disposed

Borra nagaraju v. The State of Telangana

Telangana HC13 Apr 2023WP/1500/2023

Case brief

AI extract

What is this about?

Writ petition challenging refusal by Sub-Registrar to register a property document. The High Court, with mutual consent, disposed of the Petition at admission, directing the Authority to receive and register the document, subject to the petitioner complying with the Stamp and Registration Acts.

What did the court decide?

Directed the Registering Authority to receive, register and release the subject document, subject to the petitioner complying with the Act and Stamp Act.

Borra nagaraju Vs The State of Telangana — Civil Procedure and Limitation | Telangana HC (2023)

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[³²⁵⁶ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE THIRTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

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WRIT PETITION NO: 1500 OF 2023

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Between:

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Borra nagaraju, S/o Borra mallaiah, Aged about. 52 years, OCC. Business, Rio H.No.30-63/2B, Nehru Nagar, Old Safilguda, Hyderabad, Telangana 500056

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...PETITIONER

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AND

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The State of Telangana, Represented by its Principal Secretary (Stamp and Reg Department), Secretariat Building, Hyderabad.

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2 The Commissioner and lnspector General Of Registration and Stamps, Telangana, Hyderabad.

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The District Registrar, Medchal- Malka.igiri District @ Ranga Reddy District, Hyderabad

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The Sub-Registrar, Malkajgiri, Medchal- Malkajgiri District.

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The Telangana State Wakf Board, Nampally, Hyderabad, Rep by its Chief Executive of{icer

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...RES'.NDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring the action of the 4th respondent i.e., the Sub Registrar, refusing to receiving registering and releasing the document presented by the petitioner herein House No. 30-63/1 0 (PTIN NO.1 170803972), Plot No. 12, land admeasuring 110.00 Sq. yards, in Survey No. 34211, situated at Nehru Nagar, Old Safilguda, Malkajgiri, is illegal, arbitrary, in violation of Articles 14, 21 and 3004 of Constitutional of lnciia and also in violation of registration Act, 1908, besides in violation of principles of Natural Justice and consequently direct the 4th respondent herein to register and release the House No. 30-63/10 (PTIN

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NO.1 1 70803972), Plot No. 1 2, Iand admeasuring 1¹ 0.00 Sq. yards, in Survey No. 34211, situated at Nehru Nagar, Old Safilguda, Malkajgiri.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th respondent herein to receive, register and release the document relating to House No. 30-63/10 (PTIN NO.1 I 70803972), PIot No. 12, land admeasuring 110.00 Sq. yards, in Survey No. 342i1 , situated at Nehru Nagar, Old Safilguda, Malkajgiri.

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Counsel for the Petitioner: SRI K.R. SRIKANTH

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Counsel for the Respondent No.1 to 4: ASST. GP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.5: SRI FARHAN AZAM KHAN, SC FOR WAQF BOARD The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.1SOO of 2o23 ORDER:

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Heard learned counsel for the petitioner, learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos. 1 to 4 and Sri Farhan Azam Khan, learned Standing Counsel appearing No.S - Waqf Board. With their consent, this writ petition is disposed of at the stage of admission.

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Aggrieved by the action of respondent No.4 in refusing to receive, register and release the document submitted by the petitioner for registration in respect of House No.30-63/ 10 (PTIN No. ll7o803972l,Plot No. 12, land admeasuring 110.00 sq. yards in Survey No.342 / 1 situated at Nehru Nagar, Old Salilguda, Malkajgiri, the petitioner filed the present writ petition.

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The Assistant Government Pleader has stated that the respondents wiil follow the procedure contemplated under Section 71 of the Registration Act, 19O8 (for short, the Act, 1908J.

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Section 7 1 of the Act reads as follows:

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Reasons for refusal to register to be recorded.-

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(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not

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I I Ii i I

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situated within his sub-district shall make an order of refusal and recorded his reasons for such order in his Book No.2, and endorse the words "registration refused" on the document; and, on application made by any person cxecuting or claiming under the document, shall, without payment ald unnecessary delay, give him a copy of the reasons so recorded.

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(2) No rcgistering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.

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In view of the above made submissions coupled with the provision under Section 71 of the Act, 19O8, this writ petition is disposed of directing the Registering Authority to receive, register and reiease the subject document, subject to the petitioner complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1899. it will be open to the Registering Authority to refuse the document presented before him, if he has any objection, by duly assigning reasons in support of such dccision and communicate the said decision to the petitioner. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioner to get the

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subject document registered.

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Miscellaneous Petitions, if any, pending in this writ petition

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shall stand closed.

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SD/-K.SREERAMA MUR Y ASSISTANT REGIS

//TRUE COPY//

oFFlcER

1 Ihe^principal secrerary (stamp and Res Departmen,, ,r:::r',:"J r erangana, Secretariat Building, Hyderabad.

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2 The Commissioner and lnspeCtor General Of Registration and Stamps, Telangana, Hyderabad.

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".,.Co+A...,

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The District Registrar, Medchal- Malkajgiri District @ Ranga Reddy District, Hyderabad

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4, The Sub-Registrar, Malkajgiri, Medchal- Malkajgiri District. 5. The Chief Executive Officer The Telangana State Wakf Board, Nampally, Hyderabad,

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One CC to SRI K.R. SRIKANTH, Advocate [OPUC]

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One CC to SRI FARHAN AZAM KHAN, SC FOR WAOF BOARD [OPUC]

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Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana. [OUT]

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Two CD Copies

BNt' ,$*

HIGH COURT

DATED:1310412023

ORDER

WP.No.1500 of 2023

o e 1HE s 14 14:
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16 irrAy 209 5.

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DISPOS!NG OF THE WRIT^PETITION WITHOUT COSTS

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,-NS

Borra nagaraju v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Borra nagaraju v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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